Collection by court decision. Judicial debt collection - what is it? Voluntary debt collection methods

If a court decision is made in your favor, this does not guarantee 100% collection of the debt. The most difficult thing is to collect from the debtor the entire amount approved by the court for payment.

• the right to present or revoke a writ of execution;
• re-confidence;
• appealing the actions of the bailiff, decisions;
• receipt of awarded property;
• conclusion of a settlement agreement;
• refusal of collection under a writ of execution.

For a quick and positive decision, it is best to have a friendly relationship with the bailiff. Otherwise, collection may take years. You should complain about the bailiff to the prosecutor's office or the senior bailiff of the department in exceptional cases, if there are gross violations, because this can lead to the opposite result.

What are the features of pre-trial debt recovery from individuals? How to collect a debt from an individual. faces in a simplified manner? How is debt collection from individual entrepreneurs carried out by bailiffs?

Hello to everyone who stopped by! Denis Kuderin is with you, an expert of the popular Internet resource “HeatherBober”.

The topic of my article today is debt collection from individuals. The material will be relevant for everyone who has ever borrowed or lent money.

Those who read the publication to the end will receive a guaranteed bonus - a list of companies that will help you get debts, plus useful expert advice.

1. What are the features of debt collection from individuals?

Remember the folk wisdom - “ we borrow other people's money, but have to give back our own"? So, so that debt repayment does not become an unbearable burden for you and your debtors, you need to approach this issue in a civilized, reasonable and sober manner.

It is advisable to remember another wise saying, this time Chinese - “ Before you enter an unfamiliar house, think about whether you can get out" These words apply to both debtors and creditors.

Before borrowing or lending, you should think carefully about whether such an event is advisable and whether it will entail unforeseen consequences in the form of disputes, conflicts, litigation, a sharp decline in living standards and other troubles.

The trouble is that an ordinary person is not always able to take into account all the factors. So it turns out that a debt taken on for a couple of weeks turns into a burdensome obligation, and the return stretches out over months, or even years.

Let's talk a little about the reasons why outstanding debts are formed.

We list the main ones:

• financial illiteracy - people simply do not know what their real income and expenses are;
• signing loan agreements without studying the terms and conditions;
• living beyond your means, meaningless one-time expenses, unnecessary purchases;
• unforeseen circumstances – the so-called “force majeure”.

Experts advise every reasonable person to have a financial “airbag” in case of unexpected situations. Good advice, but not feasible for everyone. Usually people borrow money when other ways to find funds have been exhausted, including reserve ones.

Additional details are in the article “”.

What are the features of collecting funds from individuals?

I’ll immediately warn you that we can talk about collection as an official procedure only when the money loan procedure can be officially confirmed.

If you borrowed from a bank, everything is clear - they simply won’t issue a loan without an agreement. If the debt is taken from a private person, then the fact of such a procedure is proven by a receipt drawn up in two copies (preferably) and no more than 3 years ago. There is a separate publication on the site about how.

If there is no receipt, the situation becomes more complicated, but even in this case there are ways to resolve the issue. The main thing is to obtain recognition from the debtor of the existence of the debt. Evidence includes testimony from third parties, digital and electronic evidence, oral speech recorded on a voice recorder, etc.

However, it can be difficult for ordinary creditors—meaning people without legal education or connections in law enforcement agencies—to recover their hard-earned money from unscrupulous debtors. It's hard both psychologically and physically.

However, don't despair. If you are owed money and you want to repay the debt using civilized methods, act pragmatically, calmly, systematically and be sure to read our further recommendations and advice.

2. What are the methods of collecting debts from individuals - 3 main methods

Method 2. Debt collection by going to court

Court is an almost 100% money back guarantee. Provided, of course, that the fact of transferring money on loan is proven. Plaintiffs in debt collection cases include ordinary citizens, commercial companies, banks and debt collectors.

If the court makes a decision in favor of the creditor, he is issued a writ of execution, according to which the debt is collected either independently (if the amount does not exceed 25,000 rubles) or through the bailiff service.

Sometimes the writ of execution is transferred to the debtor’s place of work - to the accounting department, where finances are written off from the borrower’s salary.

There is another mechanism for collecting debt from individuals. It is called “mandatory proceedings”. Such cases are considered much faster, without litigation, and their result is formalized not in the form of a writ of execution, but in the form of an order for the forced collection of debt.

Writ proceedings are initiated on the basis of the following documents:

• agreement between the parties, certified by a notary;
• an official receipt for the loan of money;
• agreements for payment for products or services.

Indisputable evidence of a violation of the debtor's obligations will also be required. The application is submitted by the creditor to the magistrate’s court at the debtor’s place of residence.

Since June 2016, bank credit debts from individuals (up to 100,000 rubles) have been collected in a simplified manner without holding court hearings. True, in order to make a positive decision, recognition of the debt by the debtor himself is required.

Method 3. Sale of debt to third parties

The lender may assign(legal term) debt to third parties - more precisely, commercial companies that professionally deal with debt obligations. Such organizations, and at the same time their employees, are called collectors.

True, for their services these people charge a certain (and quite considerable) fee in the amount of half the debt. Banking institutions especially like to assign rights to collection organizations. This practice is unpopular among individuals - I don’t know, fortunately or unfortunately.

The table clearly shows the pros and cons of each method:

Step 3. We are preparing a claim for debt collection

Filing a claim is simple. The main thing is to complete it in full form and pay the state fee.

Its size is calculated as a percentage of the amount of the claim.

Example

For a claim for an amount less than 20,000 rubles, the duty is 4%. For a claim from 20,000 to 100,000 - 3% of the amount exceeding 20 thousand + 800 rubles. For amounts over 100,001 - the state duty is 2% of the amount exceeding 100 thousand + 3,200 rubles.

The payment receipt (original) must be attached to the document.

Other papers that must be submitted along with the claim:

• copies of agreements and receipts for receipt of debt amounts;
• requests to call witnesses;
• petitions for the appointment of examinations (if required);
• documents confirming legal expenses.

The application itself indicates: information about the plaintiff and defendant, the circumstances under which the money was transferred (were there witnesses), the amount of debt, a reasoned request to the court to help collect money from the debtor.

Step 4. We are waiting for the trial

If this is an enforcement proceeding, you will have to wait quite a long time for a decision. The trial may take several months. Order proceedings or accelerated consideration of the case take much less time - 5-7 days. But for this, as mentioned above, certain conditions must be met.

In the usual case, the process consists of several (if you’re lucky, only two) meetings, of which the very first is called “preliminary”. At this stage, the court listens to the claims of the plaintiff, the opinion of the defendant, examines the petitions, and determines what evidence should be presented at the next hearing.

Let's skip the entire course of the trial and move on to the culmination of this event - the decision on the case. If the trial ends in victory for the plaintiff, he receives a writ of execution and a certified copy of the court decision.

Step 5. We receive a writ of execution

Alas, the defendant will not hand over the money to you personally in an envelope with a stamp right in the courtroom. Winning in court is only half the battle. A court decision and receiving funds from a debtor are far from synonymous concepts.

The next stage is the procedure for executing the decision. How long it will take depends on the size of the debt, the circumstances of the case and the financial capabilities of the debtor.

Step 6 Submit an application and writ of execution to the bailiff service

It is not necessary to collect the debt yourself - there are bailiffs for this. It is to them that you need to contact with a writ of execution if the defendant cannot pay the debt immediately.

If the debtor suddenly found money - relatives, friends helped, or he himself decided to “open” the stash that he was saving for a rainy day - you can transfer the writ of execution directly to the bank serving the defendant.

You can also transfer the sheet to other authorities, depending on the circumstances of the case and the status of your opponent:

• to work for the debtor;
• to the pension fund;
• to an educational institution.

True, the plaintiff has the right to carry out all these manipulations only if the amount of debt is small or we are talking about compensation for damage to health or collection of periodic payments.

Step 7 We return the debt

If you act through a bailiff, then this specialist himself will further collect the debt. When the debtor does not have the funds to repay the debt, his property is seized, after which valuable property, real estate, transport and other assets are sold at open auction. The proceeds from the sale go to cover the debt.

At all stages of debt collection efforts, it is worth consulting with professional lawyers. It is more convenient and faster to do this via the Internet, using the Lawyer service.

Thousands of lawyers work on this portal, including online. Keep in touch with them through interactive chat.

If necessary, you can meet with a lawyer from your city offline and receive detailed advice or legal assistance of any kind from him - from paperwork to support in court. The service operates around the clock.

4. Where to get help in collecting debt from individuals - review of the TOP 3 legal companies

The promised bonus is an overview of three reliable law firms that will help with debt recovery.

Let's look at them one by one.

But before we get to them, here is the contact of an excellent legal professional:

Lawyer Igor Yuryevich Noskov will help Moscow residents resolve issues related to debt collection from individuals.

Pre-trial and out-of-court debt collection, claim debt collection, mediation - any of these situations requires the participation of a professional with extensive experience and an extensive portfolio of successful cases, capable of understanding the situation and advising any of the parties.

You can sign up for a consultation with Igor Yuryevich by filling out a simple form on the website. After submitting your application, you will be contacted within 15 minutes.

A leader in its industry. Helps citizens and legal entities in resolving issues in all areas of law - civil, family, inheritance, housing. The company operates on the principles of transparency and mutual trust. No hidden fees, imposed or unnecessary services. The work is carried out according to a pre-known price.

All Lord's employees are professional certified lawyers with extensive practice and many years of experience. They will help you collect a debt on a receipt, settle a debt dispute out of court, initiate enforcement proceedings, and act as mediators in negotiations between the parties.

Legal holding "AlfaGroup" is legal assistance to citizens and legal entities in a new format. The work is carried out by a team of experienced lawyers who have a wealth of technical and information resources at their disposal. The company guarantees full compliance with Russian legislation, as well as a non-standard and original approach to resolving complex legal situations.

The advantages of the company are consistently high quality of services, affordable prices, a guarantee of success, and the shortest possible time to resolve the problem. Over the years of practice, thousands of citizens and legal entities have used the services of AlfaGroup.

3) ASK

The purpose of creating the ASK group of companies is to unite professional lawyers with practical experience in resolving the most complex legal situations. It does not matter in whose interests the employees act - individuals or large commercial companies. In all cases, customers are guaranteed speed, quality and affordable prices.

The average work experience of the company's experts is 15 years. The company's portfolio includes more than 7.5 thousand cases, of which about 93% have been won. If you are not getting your debt back, just call ASK, get a free consultation and prepare a further plan to resolve the issue.

5. How to make debt repayment easier - 3 useful tips for collecting debt from individuals

Use our expert advice!

Tip 1. Contact the mediation service

The mediation service uses alternative dispute resolution technology without lengthy litigation.

There are times when it is necessary to collect a debt from a debtor. This could be a bank loan or a person simply borrowed money. The period expired and the funds were never returned. The borrower contacts the client, but he never repays the loan. In this case, he can go to court to protect his rights and collect the debt. The borrower writes an application, provides all the necessary documentation and the agreement concluded with the debtor.

This article describes exactly how the arbitration process will take place. How the decision will be made and some nuances.

The procedure for collecting debt by court decision.

After the ruling of justice, the debt will be collected by the court forcibly. Funds are debited from the debtor's account, and penalties and fines are taken into account. The borrower also pays for the arbitration process and other procedures.

The debt according to the decision of the arbitration court will be collected in the following order:

1. Preparation of documentation containing evidence that the debt actually exists. These include: a loan agreement, issuing invoices and an application for the issuance of money.
2. The debtor is presented with claims in writing.
3. An application for debt collection is being prepared to be submitted to court.
4. Arbitration process.
5. Court ruling in favor of the bank.

During debt collection, the bank may petition the debtor. This means that the borrower is temporarily unable to use his property. The applicant must justify the reason and necessity of such action. The application must comply with all legal requirements. The court will decide to what extent this is justified and, if the answer is positive, will determine the amount of the debtor’s property that will be seized.

Statute of limitations for seizure of property based on the conclusion of justice

The statute of limitations for debt collection by court decision expires 3 years from the date of issuance of the writ of execution to creditors.

The bank has a lot of opportunities and powers. Therefore, the statute of limitations for debt collection may not end after 3 years, and the debt may pass to the heirs.

You should not rely on the statute of limitations. Only people who really have no real estate or material resources can wait for him. And this is a very rare occurrence. Thanks to the wide range of possibilities, bailiffs can come to a person’s current place of residence or work. This will make the debt collection process very frustrating.

If a person decides to avoid the bailiffs, the statute of limitations for collection by a court decision will not expire until he is found.

Sometimes the fact that the debt collection period has expired has to be proven. This is one of the ways to protect human rights.

In what cases can the term expire?

There are 2 cases when the statute of limitations for collecting a debt by a court decision may expire:

1. The writ of execution was not handed over to the bailiffs for three years from the date of the decision.
2. The creditor stopped enforcement proceedings and did not resume them for three years.

In the first In this case, the bailiffs may receive a writ of execution, but for some reason cannot carry out the proceedings. They have the right to extend the statute of limitations.

In the second The bank refused to spend money on collection. There may be several reasons. The most common ones are if an agreement was concluded between him and the debtor to pay off the debt or a loan is less than the cost of collection.

Interest

After the ruling of the justice, interest cannot be accrued. There are several reasons:

1. It is prohibited to hold a person accountable twice for the same offense.
2. Charge interest and penalties if the principal amount is not on the balance sheet.
3. If the account is off-balance sheet, the accrual of interest after a court decision to collect the debt will contradict the resolution of the People's Bank.
4. In the first claim, the entire loan is indicated, and therefore the accounting for it goes into off-balance sheet accounts.
5. If the entire amount of the debt has been withdrawn from the debtor, the contract is terminated, and the calculation of interest becomes impossible.

Interest will accrue until the court order.

A judicial decree on the collection of debt under a loan agreement and interest is carried out when a person has lent a certain amount of money to someone. At the end of the term, the debt was never returned. The borrower writes an application to the arbitration court to initiate proceedings and collect the debt. He should contact a law office to represent his interests in court.

An arbitration process is underway. If the decision is positive, the debt and accrued interest are collected.

Appealing a court decision to collect a debt

After the trial, both parties have the right to appeal the debt collection order. The filing deadline is specified in the Code, but most often it is 15 days.

In what cases is an appeal appropriate?

There are several grounds for filing an appeal against a court decision to collect a debt:

1. All relevant circumstances have not been identified.
2. There is no evidence for some circumstances.
3. The conclusions stated in the court ruling do not correspond to the circumstances of the case.
4. Violation of substantive or procedural law.

Rules of substantive law

List of violations of substantive law:

1. Application of a law that is not subject to application.
2. Not applying the law that is to be applied.
3. Misinterpretation of the law.

Rules of procedural law.

List of violations of procedural law by the court when deciding to collect a loan:

1. Illegal composition of the court.
2. Absence of the applicant, debtor or other persons participating in the case. But only if he was not warned about the arbitration process.
3. The court decision is associated with persons who have nothing to do with the case.
4. The court's conclusion was signed by a stranger or not signed at all. Only a judge can sign it.
5. The minutes of the court hearing are incorrectly drawn up or are missing altogether.
6. An outsider influenced the court.

If these norms were violated during the trial, there is a basis to appeal the conclusion.

You can apply to the court again if after some time facts appear that may change the decision.

Resolution of justice on the collection of a loan by receipt

A person lent someone a certain amount of money. At the end of the period, the debt was not repaid. But the lender has a receipt in hand. How can I use it to repay my debt?

First of all, when writing a receipt, it is recommended that it be certified by a notary. In this case, a loan agreement will be concluded.

If the notary has not certified it, you should apply to the court with a receipt for reimbursement of the debt. The process will check the following factors:

1. A receipt can only exist in written form.
2. It must clearly indicate that the money has been received.
3. The receipt must indicate the date the funds were received.
4. The presence of the debtor's signature.

Some courts still take the position that a receipt can only be considered as an addition to the agreement for the transfer of money. By itself it cannot be evidence. But in most cases, this is considered as full-fledged evidence influencing the court’s decision, because it is possible to identify the handwriting and determine that the note was written by the borrower.

Absentee decision

A default court decision on debt collection is when the debtor was absent from the arbitration process. There are two conditions for its acceptance:

1. The debtor was warned about the arbitration process. But he didn't come. The debtor did not write an application for permission to consider the case in his absence and did not explain the reason for his failure to appear.
2. The plaintiff agrees to hold the court hearing without the presence of the defendant.

If one of the conditions is not met, the arbitration process will be postponed.

If the meeting nevertheless took place without the debtor, the resolution comes into force after three stages:

1. A week has passed since the defendant received a copy of the court order to collect the debt. He is given time to file an application to appeal the default judgment.
2. Ten days from the date of appeal of the court's conclusion by the defendant. This period is given for a possible appeal.
3. Ten days from the date of refusal of the debtor to appeal the court decision.

If you have time to file an application to appeal a decision in absentia, you can avoid debt collection until the decision is made again.

What reasons are considered valid for absence from a meeting? There are two of them:

1. Health status. The defendant was under medical supervision and simply could not get to the right place.
2. It is located outside the country. The court hearing may be postponed until his return, or may be held as usual without his presence.

In such cases, the court's decision to collect the loan cannot be canceled only due to valid reasons for the defendant's absence from the arbitration process. He must also state the reasons for the appeal.

However, a situation may also occur when the defendant did not actually receive an invitation to court. He learns about his decision only when the bailiffs come to the house and declare that, according to the conclusion of justice, the property has been seized. And the meeting took place without his participation. The defendant's rights were not respected.

In this case, the debtor must fight to have the default judgment overturned. First of all, he must receive a copy of the court opinion. The next step is to contact a good law firm. They renew the deadline for filing an application to overturn the decision.

There are benefits from the abolition of an absentee judgment on debt collection:

1. The amount owed will be reduced because it will not include fees and penalties.
2. Temporary removal of seizure from property.

Nuances

1. Any legal case has its own nuances. For example, you should pay attention to the order. It will indicate from which account the debt will be collected. It becomes impossible to withdraw money from another account. Only from this.

But if the court decision says to withdraw money from the company, then they can withdraw funds from any of the accounts.

1. The court decision states the recovery of funds. But if the debtor does not have them, his property must be recovered. The applicant does not have the right to independently change the method of execution of the court decision. Therefore, he has to turn to the state court for help.
2. There is a law on a moratorium. It is prohibited to seize the real estate of enterprises from which the state receives at least 25 percent of the income. Real estate refers to the following means of production: shares, share or shares. But only those that belong to the state. The moratorium law does not include defense assets and finished products.

There can be many more difficulties and nuances during forced debt collection.

What should the bank do after receiving a court decision?

Now you should contact the bailiffs. Three documents must be submitted:

1. Application for initiation of enforcement proceedings.
2. Original court decision.
3. Power of attorney from the bank representative. It must indicate his powers.

If one of the documents is missing or incorrectly completed, the bank will be issued a refusal order.

Pay attention to the statement. All fields must be completed. Sometimes, due to a lack of information, the execution of a court decision to collect a debt can take six months. This is due to the fact that bailiffs have to make requests to government agencies to obtain more information.

Collection of a debt by receipt if the terms and conditions for the return of money are violated is a procedure carried out in several stages.

How to collect a debt on a receipt from an individual

Stage 1. Receipt

The receipt gives the holder the right to go to court to collect the overdue debt. One of the most important factors is the correctness of the receipt.

There are several rules for drawing up this document:

1. The receipt must be drawn up by hand without using a computer or printer;
2. At the top of the document you should indicate the date of preparation, in the text - the date of transfer of funds and the date of repayment of the loan; it is better to indicate the date format as follows: in numbers - the calendar date, in words - the month. The year must be specified as a four-digit number;
3. Full information about the borrower and lender - last name, first name, patronymic, passport details, registration and actual residence address;
4. The loan amount, both numerically and in words;
5. The document is certified by personal signatures and their transcripts of both parties.

To eliminate possible future disputes when transferring money, it is advisable to have two witnesses present. Data about them, including personal information and passport details, should also be reflected in the text of the receipt.

The document is drawn up in two copies, the text of which must be absolutely identical.

It should be borne in mind that it is possible to go to court for debt collection within 3 years from the date of expected repayment of the debt. However, a missed statute of limitations, as well as a receipt drawn up in violation of the above rules, do not exclude the possibility of repaying the debt. Restoring the missed deadline for submitting claims on a receipt and collecting money based on a document drawn up with some violations is at the discretion of the judge.

Stage 2. Preparing a statement of claim

The outcome of the case directly depends on the correctness and literacy of drawing up a statement of claim to the court. So, a claim for debt collection from an individual must contain such mandatory details as:

• name and address of the court;
• information about the plaintiff and defendant;
• details and circumstances under which the money was transferred, including the presence of witnesses;
• a reference to the fact that the borrower’s deadlines for repaying the debt have been violated, if any - an indication of the partially paid amount;
• amount to be recovered;
• a reasoned request to the court to recover money from the defendant.

In addition to these points, the text of the statement of claim should make reference to the norms of the Civil and Civil Procedure Codes regarding the collection of debt under a loan agreement and the calculation of the amount of debt in accordance with the refinancing rate.

The correct calculation of the amount of the debt deserves special attention - in case of delay, the plaintiff has the right to collect from the debtor interest for the use of other people's money in accordance with the refinancing rate of the Central Bank.

The following formula is used for the calculation: the amount of debt is divided by the number of days in a year, multiplied by the number of days of delay and by the refinancing rate, which currently amounts to 8.25%. It should be noted that according to the recommendations of the Supreme Court of the Russian Federation, the number of days in a year when calculating is 360.

For example, if the amount of the debt is 20,000 rubles, and the delay in payment is 30 days, then 20,000/360*30*8.25% = 137 rubles 50 kopecks per day is subject to collection.

Before filing a claim, you must pay a state fee, the amount of which is determined by the amount of the claim:

• up to 20,000 rubles - 4% of the claim price must be paid as a state duty, but not less than 400 rubles;
• from 20,001 rubles to 100,000 rubles - 800 rubles plus 3% of the amount exceeding 20,000 rubles must be paid as a state duty;
• from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2% of the amount exceeding 100,000 rubles must be paid as a state duty;
• from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1% of the amount exceeding 200,000 rubles must be paid as a state duty;
• over 1,000,000 rubles - 13,200 rubles plus 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles, must be paid as state duty.

For example, if the amount of 25,000 rubles is subject to collection, the amount of state duty will be: 800 rubles + 5,000 * 3% = 950 rubles.

If the claims are satisfied, the state duty will be collected from the defendant in favor of the plaintiff.

Before collecting a debt under a receipt from an individual in court, pre-trial settlement of the dispute is not necessary.

As a rule, statements of claim drawn up in violation of the rules, not containing motivated demands, relevant references to legal norms, having errors in calculating the amount of debt are returned by the court and remain without consideration. That is why writing a statement of claim should be entrusted to a competent lawyer.

Stage 3. Trial

After receiving the statement of claim, the judge sets a date and time for the court hearing. All parties to the proceedings are involved in the process, including witnesses, if any.

The result of the consideration of the claim will be a court decision. If the dispute is resolved positively, the decision will reflect the amount collected from the defendant and how to repay the debt on the receipt - in full or in part, with the provision of payment in installments. As a rule, an installment plan or deferment is granted only with the consent of the plaintiff and the defendant has certain problems - for example, a difficult financial situation.

Based on the court decision, after it enters into force, a writ of execution must be issued. It must be borne in mind that only on the basis of a writ of execution is forced collection of a debt possible.

Stage 4. Debt collection

There are two ways to collect a debt from an individual by receipt if there is a court decision. The first is to wait for the debtor to fulfill his obligation voluntarily and the second is to present the writ of execution to a specialized government department - the bailiff service. It should be noted that the writ of execution must be submitted to the FSSP unit at the defendant’s place of residence. Thus, if the debtor lives in another region, then the court decision is subject to execution in this territory.

Divisions of the FSSP of Russia are engaged in forced collection of debts by foreclosure on the property and income of the defendant. In the course of fulfilling the requirements of the writ of execution, the bailiff may seize and sell property belonging to the debtor, seize and transfer his funds to the collector, and seize part of the income to pay off the debt. However, the completeness and timeliness of actions performed by bailiffs should be monitored.

The period for collecting the debt and applying all measures by the bailiff is established by law and is two months. However, in practice this period ranges from several days to several years. Not all claimants use their right to send applications and appeals to the FSSP, personally attend enforcement actions and familiarize themselves with the case materials.

Civil procedural legislation, like legislation on enforcement proceedings, has a number of nuances. You can collect a debt on a receipt yourself, but you should stock up on free time, both to study the rules of the law and to visit courts and public authorities.

If a lawyer is involved, he will be given the following powers:

• consulting assistance, including assessment of the prospects for collection, analysis of the receipt for the correctness of its preparation;
• preparing a statement of claim, calculating the amount of the claim;
• calculation of the state duty to be paid;
• representation in court;
• interaction with bailiffs;
• working with the debtor.

At the same time, payment for a lawyer’s services is possible both for each stage separately and for comprehensive measures to collect debt. Additionally, the plaintiff will need to pay the costs associated with the procedure, namely state fees, postage for sending documents, etc.

If the claims of the claim are satisfied, the plaintiff has the right to recover from the debtor not only the costs of paying the state duty, but also the funds paid to the representative as remuneration for the legal services provided.

Demands to recover from the defendant the cost of the representative's services are formalized by an appropriate statement of claim. The amount of funds spent is confirmed by attaching a copy of the contract, receipts, checks and other financial documents. When considering the issue of compensating the plaintiff for expenses, the court is guided by the principle of reasonableness, that is, the correlation of the remuneration paid to the complexity of the case, the number of court hearings, as well as the average cost of legal services in the region.

The final amount recovered from the defendant as compensation for costs incurred by the plaintiff is determined by the judge on a case-by-case basis. There are often cases when the amount of money spent is returned to the claimant in a civil case in full.

To resolve the case in favor of the plaintiff, as well as to collect the funds due to him as quickly as possible, it makes sense to contact competent lawyers. The specialists on our website will help you correctly prepare a claim, calculate the final amount of the debt, and represent the interests of the creditor in court and the FSSP authorities.

(Features of debt collection from individuals. Mandatory procedures and possible methods that creditors may resort to to repay the debt)

“Debt is worth paying,” says the well-known proverb. However, in real life we ​​have to deal with situations where debts are not paid for months or even years.

Debt means an obligation to pay money or transfer other property arising from an agreement, as a result of unjust enrichment, in connection with causing harm and for other reasons (Articles 8, 307 of the Civil Code of the Russian Federation). The debt may be disputed or undisputed by the debtor, supported by documents and not supported by anything.

Legally unsavvy creditors find it difficult to weigh the chances of debt repayment. They do not know how to effectively use collection procedures. Of course, it is best to contact an experienced lawyer in a timely manner, who will select the most effective method, help you collect the necessary evidence and achieve real debt collection with minimal time and money. However, it will be helpful for the creditor to understand the legal tools available under the law to protect his rights.

To collect debts from individuals, two groups of procedures are used - extrajudicial and judicial.

Extrajudicial procedures

First of all, negotiations should be held with the debtor, preferably with the involvement of a mediator-lawyer in accordance with the federal law “On an alternative dispute resolution procedure with the participation of a mediator (mediation procedure).” At this stage, the debtor should be offered a deferment of execution or repayment of the debt in parts. These conditions must be documented.

Further ways to solve the problem should be chosen depending on the outcome of the negotiations and the availability of money or other property from the debtor. To check his creditworthiness, you can contact detectives. Their activities are regulated in detail by the Law of the Russian Federation “On private detective and security activities in the Russian Federation” and by-laws.

The next step is to file a claim in any form or according to the terms of the contract.

An unpleasant surprise for the debtor will be the creditor's appeal to collectors on the basis of Articles 388-390 of the Civil Code of the Russian Federation. However, a debt cannot be sold if it is associated with the identity of the debtor. For example, claims for alimony and compensation for harm caused to life or health. At the same time, for a debt based on a receipt, collectors will not give more than 30% of the total amount, unlike a debt based on an agreement or a court decision.

The most extreme step would be to contact the police with a statement of fraud (Article 159 of the Criminal Code of the Russian Federation), especially if the creditor does not have any documents confirming the fact of the transfer of money. If a criminal case is initiated, investigative actions will be carried out against the debtor, for example, interrogation, search. Such experience and reluctance to be convicted of a crime will help convince him to pay off the debt. However, you should be careful, as the debtor may retaliate, for example, by filing a counterclaim for defamation. In any case, before resorting to active measures it would be reasonable.

The success of using extrajudicial procedures depends, on the one hand, on the persistence of the creditor and other persons, their ability to produce the proper psychological effect on the debtor. On the other hand, it depends on the debtor’s solvency and his willingness to voluntarily repay the debt.

Judicial procedures

After filing a claim, if the agreement establishes such a procedure, the creditor can also appeal to a court of general jurisdiction. Debt collection in court is carried out taking into account the following features.

The creditor has the right to file a statement of claim or an application for a court order in court (Articles 124 and 131 of the Code of Civil Procedure). Justices of the peace consider claims for an amount of no more than 50 thousand rubles and applications for a court order in cases specified in Article 122 of the Code of Civil Procedure (from 06/01/2016 - for an amount of no more than 500 thousand rubles). For example, if the parties draw up and sign a loan agreement (Article 808 of the Civil Code of the Russian Federation). District courts accept applications if there is a larger debt.

Cases regarding the issuance of a court order are considered much faster than claims - in just 5 days from the date of receipt of the application. The judge makes a decision without a hearing only on the basis of evidence presented by the plaintiff. Thus, this procedure is extremely simplified. However, court orders are issued only if there is no dispute between the parties (for example, regarding the amount of debt).

From June 1, 2016, another simplified debt collection procedure will become available - simplified proceedings (Chapter 21.1 of the Code of Civil Procedure). It is carried out for claims up to 100 thousand rubles and for debts that were also recognized as a debtor without holding court hearings.

The consideration of the case in the courts of general jurisdiction ends with the issuance of a court decision or order, which allows the creditor to enter the next stage of debt collection - enforcement proceedings. Its essence boils down to the fact that the bailiff carries out a number of activities in order to actually collect the amount of debt from the debtor and transfer it to the creditor (search and sale of property at auction, etc.). At the same time, not all property of a debtor-citizen can be foreclosed on. A full list of exceptions is contained in Article 446 of the Code of Civil Procedure, for example, the debtor’s only home.

Proof

A wide range of evidence can be presented to the court:

• contracts;
• receipts;
• correspondence between the parties;
• audio and video recordings;
• witness statements;
• and others.

Thus, the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 1 (2016) once again confirmed the position that the absence of an agreement signed by the parties does not deprive them of the right to provide written and other evidence to support their position. Therefore, in the absence of a loan agreement, which is mandatory if the loan amount is more than 10 minimum wages, the lender can refer to the receipt. In the absence of a receipt, other evidence (except the testimony of witnesses) may be used.

In practice, some creditors resort to audio and video recording of the fact of transfer of money or the fact of debt recognition by the debtor. This is completely acceptable. The Supreme Court of the Russian Federation, in its ruling dated April 14, 2015 No. 33-KG 15-6, indicated that when video recording a conversation with a debtor, there is no violation of his personal rights, since the video recording does not record information about private life, but information regarding contractual relations between the plaintiff and the defendant.

The use of electronic correspondence (via email, social networks, SMS) between the parties as evidence is permitted provided that the identity of the recipients can be determined from its content. However, courts accept such evidence very reluctantly.

About jointly acquired debts

Until recently, there was a rule on joint payment of debts by married persons, which additionally protected the interests of the creditor. However, the release of the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 1 (2016), in all likelihood, will radically change this practice. From now on, spouses of debtors will be liable for debts together with the debtors only if the debt arose in the interests of the family or if everything received was used for the needs of the family. Thus, it is advisable for creditors to obtain from the debtor the written consent of the spouse to the transaction that gives rise to the debt, and if a loan is issued, to indicate in the documents the purpose of the loan “for the needs of the family” or to request from the debtor a report on the use of money for the needs of the family. Such simple techniques insure the creditor in case the debtor does not have personal property, and will allow the debt to be recovered from the jointly acquired property of the spouses.

Debtor's bankruptcy

Creditors have another way to collect debt from an individual - through bankruptcy proceedings. In certain cases, it can be initiated by the creditor by applying to the arbitration court at the debtor’s place of residence (Article 213.5 of the Federal Law “On Insolvency (Bankruptcy)”).

This measure has its advantages. For example, the procedure for selling property in bankruptcy requires less time than the same procedure through the bailiff service, since it is possible to challenge the debtor’s transactions in the same bankruptcy case (Article 213.32 of the Federal Law “On Insolvency (Bankruptcy)”).

A significant disadvantage of the bankruptcy procedure is the significant legal costs. In addition, the creditor is unlikely to be able to actually recover the full amount of a large debt from the debtor, since if the debtor’s property is insufficient, the creditors’ claims will be satisfied proportionally (in the relevant part).

Conclusion

The results of debt collection depend not only on the conscientiousness and solvency of the debtor. The debtor may claim that he did not receive the money on the receipt, refer to her lack of money, and even report extortion to the police. Therefore, the actions of the creditor, lawyer or bailiffs play a primary role. Legislation allows the use of a wide range of possibilities for collecting debts from individuals. The choice of one or a combination of debt repayment methods depends on the specific situation.